Employment Insurance Regulations

Contents

His Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Immigration, pursuant to subsections 5(4), (6) and (7), paragraphs 7(4)(c), 7.1(6)(b) and 8(2)(a), section 16, paragraph 18(b), subsections 19(1), (3) and (4), section 24, paragraph 25(1)(b), subsection 36(2), section 37, subsections 42(3) and 50(4), section 54, subsections 55(1) and 60(3), sections 69, 109 and 110, subsections 111(5) and 114(1), section 116, paragraph 121(2)(b) and sections 123, 139, 143, 153.1 and 167 of the Employment Insurance Act and paragraph 5(6)(g) set out in section 2 of Schedule II and section 14 set out in section 6 of Schedule II to that Act, hereby approves the annexed Employment Insurance Regulations, made by the Canada Employment and Immigration Commission.^note

Interpretation

1 #

(1)The definitions in this subsection apply in these Regulations.

Act means the Employment Insurance Act. (Loi)

pay period means the period in respect of which earnings are paid to or enjoyed by an insured person. (période de paie)

self-employed person, other than in sections 30 and 35, has the same meaning as in subsection 152.01(1) of the Act. (travailleur indépendant)

(2)For the purposes of these Regulations and section 5 of the Act, international organization means

(a)any specialized agency of which Canada is a member that is brought into relationship with the United Nations in accordance with article 63 of the Charter of the United Nations; and

(b)any international organization of which Canada is a member, the primary purpose of which is the maintenance of international peace or the economic or social well-being of a community of nations. (organisme international)

(3)The following definitions apply in these Regulations and in subsections 23.1(2), 23.2(1), 23.3(1), 152.06(1), 152.061(1) and 152.062(1) of the Act.

family member, in relation to an individual, means any one of the following:

(a)the spouse or common-law partner of the individual;

(b)a child of the individual or a child of the individual’s spouse or common-law partner;

(c)a parent of the individual or a spouse or common-law partner of the parent;

(d)a child of the individual’s parent or a child of the spouse or common-law partner of the individual’s parent;

(e)a grandparent of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s grandparent;

(f)a grandchild of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s grandchild;

(g)the spouse or common-law partner of the individual’s child or of the child of the individual’s spouse or common-law partner;

(h)a parent, or the spouse or common-law partner of a parent, of the individual’s spouse or common-law partner;

(i)the spouse or common-law partner of a child of the individual’s parent or of a child of the spouse or common-law partner of the individual’s parent;

(j)a child of a parent of the individual’s spouse or common-law partner or a child of the spouse or common-law partner of the parent of the individual’s spouse or common-law partner;

(k)an uncle or aunt of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s uncle or aunt;

(l)a nephew or niece of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s nephew or niece;

(m)a current or former foster parent of the individual or of the individual’s spouse or common-law partner;

(n)a current or former foster child of the individual or the spouse or common-law partner of that child;

(o)a current or former ward of the individual or of the individual’s spouse or common-law partner;

(p)a current or former guardian of the individual or the spouse or common-law partner of that guardian;

(q)a person, whether or not related to the individual by marriage, common-law partnership, or any legal parent-child relationship, whom the individual considers to be like a close relative or who considers the individual to be like a close relative. (membre de la famille)

nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. (infirmier praticien)

(4)For the purpose of the definition family member in subsection (3), guardian means a person who is legally authorized to act on behalf of a minor or incapable adult and includes a tutor, curator, mandatary acting under a protection mandate or any person who is appointed to act in a similar capacity and ward means a person for whom a guardian is appointed.

(5)The following definitions apply in these Regulations and in paragraphs 23.‍1(2)‍(b), 23.‍2(1)‍(a), 23.‍3(1)‍(a), 152.‍06(1)‍(b), 152.‍061(1)‍(a) and 152.‍062(1)‍(a) of the Act.

care means all care that is required because of the state of health of a family member referred to in subsections 23.1(2) or 152.06(1) of the Act, of a critically ill child or of a critically ill adult, other than the care provided by a health care professional. (soins)

support means all psychological or emotional support that is required because of the state of health of a family member referred to in subsections 23.1(2) or 152.06(1) of the Act, of a critically ill child or of a critically ill adult. (soutien)

(6)The following definition applies in these Regulations and in subsection 23.2(1) and 152.061(1) of the Act.

critically ill child means a person who is under 18 years of age on the day on which the period referred to in subsection 23.2(3) or 152.061(3) of the Act begins, whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury. (enfant gravement malade)

(7)The following definition applies in these Regulations and in subsections 23.3(1) and 152.062(1) of the Act.

critically ill adult means a person who is 18 years of age or older on the day on which the period referred to in subsection 23.3(3) or 152.062(3) of the Act begins, whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury. (adulte gravement malade)

Insurable Employment

Employment Included in Insurable Employment

2 #

(1)Employment in Canada by Her Majesty in right of a province that would, except for paragraph 5(2)(c) of the Act, be insurable employment is included in insurable employment if the government of the province enters into an agreement with the Commission whereby that government agrees to waive exclusion and to insure all its employees engaged in such employment.

(2)For greater certainty, employment in Canada by Her Majesty in right of a province, for the purposes of subsection (1), includes only employment in Canada of employees who are appointed and remunerated under an Act governing that province's public service, or who are employed in Canada by a corporation, commission or other body that is an agent of Her Majesty in right of the province.

3 #

(1)Employment in Canada by the government of a country other than Canada or of any political subdivision of that other country, or by an international organization, that would, except for paragraphs 5(2)(d) and (e) of the Act, be insurable employment, may be included in insurable employment if the employing government or the international organization, as the case may be, consents in writing to its inclusion.

(2)Where a consent has been given pursuant to the Unemployment Insurance Regulations, as they read immediately before June 30, 1996, and has not been revoked, it shall be considered to be a consent referred to in subsection (1).

4 #

Employment on a ship outside Canada or partly outside Canada that would be insurable employment if it were in Canada is included in insurable employment if that employment is

(a)on a ship of Canadian registry or licence, except where that ship is regularly employed in voyages between ports outside Canada and has been chartered to a person resident outside Canada; or

(b)on a ship, other than a ship of Canadian registry or licence, where

(i)the ship has been chartered to a person resident in Canada and is regularly employed in voyages from a port in Canada,

(ii)the operation of the ship is principally controlled in Canada and regularly employed in voyages from a port in Canada and the owner or managing owner of the ship resides or has a place of business in Canada, or

(iii)any employment on that ship is subject to the provisions of the Act by virtue of an agreement between the Government of Canada and the government of the jurisdiction in which that ship is registered.

5 #

Employment outside Canada, other than employment on a ship described in section 4, is included in insurable employment if

(a)the person so employed ordinarily resides in Canada;

(b)that employment is outside Canada or partly outside Canada by an employer who is resident or has a place of business in Canada;

(c)the employment would be insurable employment if it were in Canada; and

(d)the employment is not insurable employment under the laws of the country in which it takes place.

6 #

Employment in any of the following employments, unless it is excluded from insurable employment by any provision of these Regulations, is included in insurable employment:

(a)employment of a union member by the member's union in conducting union business, other than picketing in a labour dispute;

(b)employment of a person as an apprentice or trainee, notwithstanding that the person does not perform any services for their employer;

(c)employment of a person as a member of the clergy or as a member of a religious order;

(d)employment of a person in a barbering or hairdressing establishment, where the person

(i)provides any of the services that are normally provided in such an establishment, and

(ii)is not the owner or operator of the establishment;

(e)employment of a person as a driver of a taxi, commercial bus, school bus or any other vehicle that is used by a business or public authority for carrying passengers, where the person is not the owner of more than 50 per cent of the vehicle or the owner or operator of the business or the operator of the public authority;

(f)employment of a person who holds an office, as defined in subsection 2(1) of the Canada Pension Plan,

(i)in or under any department or other portion of the federal public administration set out in Schedule I, II, III, IV or V to the Financial Administration Act,

(ii)where the person is appointed and remunerated under an Act governing the public service of a province, the government of which has, pursuant to subsection 2(1), agreed to insure all of its employees,

(iii)where the person holds the office in or under a corporation, commission or other body that is an agent of Her Majesty in right of a province referred to in subparagraph (ii), or

(iv)where the person holds the office in a union or an association of unions to which the person was elected by popular vote, or was elected or appointed to that office in the union or association in a representative capacity, and that employment is not included in insurable employment by paragraph (a); and

(g)employment of a person who is placed in that employment by a placement or employment agency to perform services for and under the direction and control of a client of the agency, where that person is remunerated by the agency for the performance of those services.

^note

Employment Excluded from Insurable Employment

7 #

The following employments are excluded from insurable employment:

(a)[Repealed, SOR/97-310, s. 1] (repealed)

(b)employment of a person who is a member of a religious order, if the person has taken a vow of poverty and the person's remuneration is paid directly, or by that person, to the order;

(c)employment in respect of which premiums are payable under

(i)the unemployment insurance law of any state of the United States, the District of Columbia, Puerto Rico or the Virgin Islands, by reason of the Agreement between Canada and the United States Respecting Unemployment Insurance, signed on March 6 and 12, 1942, or

(ii)the Railroad Unemployment Insurance Act of the United States;

(d)employment in Canada of a person who resides in a country other than Canada, if premiums are payable in respect of services performed by the person in Canada under the unemployment insurance laws of that other country;

(e)employment of a person for the purpose of a rescue operation, if the person is not regularly employed by the employer who employs them for that purpose; and

(f)employment under an employment support measure referred to in paragraph 59(b) of the Act — or a measure that is the subject of an agreement under section 63 of the Act — that is established to

(i)help insured participants start businesses or become self-employed, or

(ii)provide insured participants with employment opportunities through which they can gain work experience to improve their long-term employment prospects.

^note

8 #

(1)Subject to subsections (2) to (4), the following employments are excluded from insurable employment:

(a)employment of a person by an employer, other than as an entertainer, in connection with a circus, fair, parade, carnival, exposition, exhibition or other similar activity if the person

(i)is not regularly employed by that employer, and

(ii)is employed by that employer in that employment for less than seven days in a year; and

(b)[Repealed, SOR/98-588, s. 1] (repealed)

(c)employment of a person by Her Majesty in right of Canada, the government of a province, a municipality or a school board in connection with a referendum or election to public office if the person

(i)is not regularly employed by that employer, and

(ii)is employed by that employer in that employment for less than 35 hours in any year after 1998.

(2)Where an employment that has been excluded from insurable employment under paragraph (1)(a) or (c) becomes a regular employment, the employment is insurable employment beginning on the day or at the hour, as the case may be, that the employment became a regular employment.

(3)Where a person has been employed by the same employer in one or more employments that have been excluded from insurable employment under paragraph (1)(a) and the total period of those employments exceeds six days in the same year, the employments, taken together, are insurable employment beginning on the day when the total period of employment began.

(4)Where a person has been employed by the same employer in one or more employments that have been excluded from insurable employment under paragraph (1)(c) and the total period of those employments exceeds 34 hours in the same year, the employments, taken together, are insurable employment beginning at the hour when the total period of employment began.

9 #

(1)The definitions in this subsection apply in this section.

agriculture means the operations of farming that are carried out for the benefit of any person who is a farmer and, without limiting the generality of the foregoing, includes

(a)where carried out on a farm

(i)clearing land for cultivation,

(ii)cultivation of the soil,

(iii)conservation of the soil, including the construction, maintenance and operation of tile drainage systems, ditches, canals, reservoirs or waterways exclusively for the purposes of farming,

(iv)harvesting, storing or grading any natural product of farming,

(v)preparing land for the growing and harvesting of wild berries,

(vi)raising bees and producing honey,

(vii)breeding or raising animals or birds, or producing eggs,

(viii)dairy farming and the processing of milk, butter or cheese that is produced on that farm, and

(ix)producing maple sap, maple syrup or maple sugar; and

(b)where carried out on or off a farm

(i)offering for sale or selling any of the products of the operations referred to in subparagraphs (a) (i) to (ix), if the offering for sale or selling is incidental to those operations, and

(ii)exhibiting, advertising, assembling, freezing, storing, grading, preparing, processing, packing and transporting the products described in subparagraph (i), if those operations are incidental to the offering for sale or selling described in that subparagraph. (agriculture)

agricultural enterprise means the business of agriculture carried on for the benefit of any person who is a farmer. (entreprise agricole)

horticulture means the following operations and includes all the services incidental to the carrying out of those operations, if the services are performed at the place where the operations are carried on:

(a)the propagating, producing, raising or harvesting of

(i)vegetables, flowers, shrubs or ornamental grasses, and

(ii)seeds, seedlings, grafts or cuttings of vegetables, flowers, shrubs or ornamental grasses; and

(b)landscape gardening where it is incidental to the carrying out of

(i)any of the operations described in paragraph (a), or

(ii)agriculture. (horticulture)

(2)The employment of a person by an employer in agriculture, an agricultural enterprise or horticulture that would otherwise be insurable is excluded from insurable employment if the person is employed by the employer in that employment for

(a)less than seven days in a year; or

(b)seven days or more in a year and is not remunerated in cash by the employer for any part of that employment.

Search for Suitable Employment

Reasonable and Customary Efforts

9.001 #

For the purposes of subsection 50(8) of the Act, the criteria for determining whether the efforts that the claimant is making to obtain suitable employment constitute reasonable and customary efforts are the following:

(a)the claimant’s efforts are sustained;

(b)the claimant’s efforts consist of

(i)assessing employment opportunities,

(ii)preparing a resumé or cover letter,

(iii)registering for job search tools or with electronic job banks or employment agencies,

(iv)attending job search workshops or job fairs,

(v)networking,

(vi)contacting prospective employers,

(vii)submitting job applications,

(viii)attending interviews, and

(ix)undergoing evaluations of competencies; and

(c)the claimant’s efforts are directed toward obtaining suitable employment.

^note

Suitable Employment

9.002 #

(1)For the purposes of paragraphs 18(1)(a) and 27(1)(a) to (c) and subsection 50(8) of the Act, the criteria for determining what constitutes suitable employment are the following:

(a)the claimant’s health and physical capabilities allow them to commute to the place of work and to perform the work;

(b)the hours of work are not incompatible with the claimant’s family obligations or religious beliefs; and

(c)the nature of the work is not contrary to the claimant’s moral convictions or religious beliefs.

(d) to (f)[Repealed, SOR/2016-162, s. 1] (repealed)

(2) and (3)[Repealed, SOR/2017-27, s. 1] (repealed)

^note

9.003 #

[Repealed, SOR/2016-162, s. 2] (repealed)

9.004 #

[Repealed, SOR/2016-162, s. 2] (repealed)

Agreement — Self-Employed Person

Termination of Agreement — Notice

9.01 #

The notice referred to in subsection 152.02(4) of the Act that the individual gives to the Commission to terminate the agreement shall be given in writing.^note

Withdrawal of Notice

9.02 #

The withdrawal of the notice referred to in paragraph 152.02(6)(b) of the Act shall be given to the Commission in writing.^note

Part I · Benefits

Hours of Insurable Employment — Methods of Determination

9.1 #

Where a person's earnings are paid on an hourly basis, the person is considered to have worked in insurable employment for the number of hours that the person actually worked and for which the person was remunerated.^note

9.2 #

Subject to section 10, where a person's earnings or a portion of a person's earnings for a period of insurable employment remains unpaid for the reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations, the person is deemed to have worked in insurable employment for the number of hours that the person actually worked in the period, whether or not the person was remunerated.^note

10 #

(1)Where a person's earnings are not paid on an hourly basis but the employer provides evidence of the number of hours that the person actually worked in the period of employment and for which the person was remunerated, the person is deemed to have worked that number of hours in insurable employment.

(2)Except where subsection (1) and section 9.1 apply, if the employer cannot establish with certainty the actual number of hours of work performed by a worker or by a group of workers and for which they were remunerated, the employer and the worker or group of workers may, subject to subsection (3) and as is reasonable in the circumstances, agree on the number of hours of work that would normally be required to gain the earnings referred to in subsection (1), and, where they do so, each worker is deemed to have worked that number of hours in insurable employment.

(3)Where the number of hours agreed to by the employer and the worker or group of workers under subsection (2) is not reasonable or no agreement can be reached, each worker is deemed to have worked the number of hours in insurable employment established by the Minister of National Revenue, based on an examination of the terms and conditions of the employment and a comparison with the number of hours normally worked by workers performing similar tasks or functions in similar occupations and industries.

(4)Except where subsection (1) and section 9.1 apply, where a person's actual hours of insurable employment in the period of employment are not known or ascertainable by the employer, the person, subject to subsection (5), is deemed to have worked, during the period of employment, the number of hours in insurable employment obtained by dividing the total earnings for the period of employment by the minimum wage applicable, on January 1 of the year in which the earnings were payable, in the province where the work was performed.

(5)In the absence of evidence indicating that overtime or excess hours were worked, the maximum number of hours of insurable employment which a person is deemed to have worked where the number of hours is calculated in accordance with subsection (4) is seven hours per day up to an overall maximum of 35 hours per week.

(6)Subsections (1) to (5) are subject to section 10.1.

(7)[Repealed, SOR/97-31, s. 4] (repealed)

10.01 #

(1)If a person is required under their contract of employment to be available for a certain period awaiting a request from their employer to work, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours at a rate equivalent or superior to the remuneration that would be paid if the person had actually worked during that period.

(2)Despite subsection (1), if a person is required by their employer under their contract of employment to be present at the employer's premises for a certain period in case their services are required, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours.

^note

10.1 #

(1)Where an insured person is remunerated by the employer for a period of paid leave, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked and for which the person would normally have been remunerated during that period.

(2)Where an insured person is remunerated by the employer for a period of leave in the form of a lump sum payment calculated without regard to the length of the period of leave, the person is deemed to have worked in insurable employment for the lesser of

(a)the number of hours that the person would normally have worked and for which the person would normally have been remunerated during the period, and

(b)the number of hours obtained by dividing the lump sum amount by the normal hourly rate of pay.

(3)Where an insured person is remunerated by the employer for a non-working day and

(a)works on that day, the person is deemed to have worked in insurable employment for the greater of the number of hours that the person actually worked and the number of hours that the person would normally have worked on that day; and

(b)does not work on that day, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked on that day.

^note

10.11 #

For the purpose of section 10.1, the amounts that are excluded from an insured person’s earnings from insurable employment by subsection 2(3) of the Insurable Earnings and Collection of Premiums Regulations shall not be taken into account in determining the person’s hours of insurable employment.^note

10.2 #

For the purposes of sections 9.1, 10, 10.01, 10.1 and 22,

(a)an hour of work performed in insurable employment is considered to be a single hour of insurable employment, even if the hour is remunerated at an overtime rate of pay; and

(b)if the addition of hours of insurable employment falling between the first day and the last day worked in a given period of employment results in a total number of hours that contains a fraction of an hour, the fraction shall be counted as a whole hour.

^note

11 #

(1)Where an insured person is employed on a full-time basis for and remunerated for less than 35 hours per week in an occupation in which the maximum number of hours of full-time work per week is limited by federal or provincial statutes or regulations made under those statutes to less than 35 hours, the insured person is deemed to be employed in insurable employment for 35 hours per week.

(2)Subject to section 10,

(a)an insured person who is a member of the Canadian Forces on full-time service or of a police force and is required to be available on standby outside of their regularly scheduled hours of work is deemed to be employed in insurable employment for 35 hours per week; and

(b)an insured person who is a member of the reserve force and is paid the rate of pay for

(i)each period of duty or training of less than 6 hours is deemed to be employed in insurable employment for 3 1/2 hours per period, or

(ii)each period of duty or training of not less than 6 hours and not more than 24 hours is deemed to be employed in insurable employment for 7 hours per period

to a maximum of 35 hours of insurable employment per week.

Adjustment of Amount of Self-employed Earnings

11.1 #

(1)The amount of self-employed earnings referred to in subparagraph 152.07(1)(d)(i) of the Act shall be adjusted annually on a compound basis, beginning on January 1, 2012, by the ratio referred to in paragraph 4(2)(b) of the Act.

(2)If the ratio referred to in subsection (1) is less than 1.0 and would result in an adjusted amount of less than $6,000, the ratio is deemed to be 1.0.

(3)If the adjusted amount calculated in accordance with subsections (1) and (2) is not a multiple of one dollar, that amount shall be rounded down to the nearest dollar.

^note

12 #

[Repealed, SOR/2016-206, s. 1] (repealed)

Average Number of Weeks for the Purposes of Paragraphs 7.1(6)(b) and 152.07(3)(b) of the Act

13 #

(1)For the purpose of paragraph 7.1(6)(b) of the Act, the average number of weeks of regular benefits of a claimant is the maximum number of weeks for which benefits may be paid to the claimant under section 8 of the Employment Insurance (Fishing) Regulations or subsection 12(2) of the Act, less the number of weeks of benefits paid to the claimant, including the weeks of benefits used to establish the overpayment under paragraph 7.1(6)(a) of the Act, with the result divided by two.

(2)For the purposes of paragraph 152.07(3)(b) of the Act, a self-employed person’s average number of weeks of benefits is the maximum number of weeks for which benefits may be paid to them under subsection 152.14(1) of the Act, less the number of weeks of benefits paid to them, including the weeks of benefits used to establish the overpayment referred to in paragraph 152.07(3)(a) of the Act, with the result divided by two.

Interruption of Earnings

14 #

(1)Subject to subsections (2) to (7), an interruption of earnings occurs where, following a period of employment with an employer, an insured person is laid off or separated from that employment and has a period of seven or more consecutive days during which no work is performed for that employer and in respect of which no earnings that arise from that employment, other than earnings described in subsection 36(13), are payable or allocated.

(2)An interruption of earnings from an employment occurs in respect of an insured person at the beginning of a week in which a reduction in earnings that is more than 40% of the insured person’s normal weekly earnings occurs because the insured person ceases to work in that employment by reason of illness, injury or quarantine, pregnancy, the need to care for a child or children referred to in subsection 23(1) of the Act or the need to provide care or support to a family member referred to in subsection 23.1(2) of the Act, to a critically ill child or to a critically ill adult.

(3)A period of leave referred to in subsection 11(4) of the Act does not constitute an interruption of earnings, regardless of whether the person is remunerated for that period of leave.

(4)Where an insured person is employed under a contract of employment under which the usual remuneration is payable in respect of a period greater than a week, no interruption of earnings occurs during that period, regardless of the amount of work performed in the period and regardless of the time at which or the manner in which the remuneration is paid.

(5)An interruption of earnings in respect of an insured person occurs

(a)in the case of an insured person who is employed in the sale or purchase of real estate on a commission basis and holds a licence to sell real estate issued by a provincial authority, when

(i)the licence of the insured person is surrendered, suspended or revoked, or

(ii)the insured person ceases to work in that employment by reason of a circumstance referred to in subsection (2); and

(b)in the case of an insured person who is employed under a contract of employment and whose earnings from that employment consist mainly of commissions, when

(i)the insured person's contract of employment is terminated, or

(ii)the insured person ceases to work in that employment by reason of a circumstance referred to in subsection (2).

(6)A period of leave referred to in subsection 11(3) of the Act does not constitute an interruption of earnings, regardless of the time at which or the manner in which remuneration is paid.

(7)Where an insured person accepts less remunerative work with their employer and as a consequence receives a wage supplement under a provincial law intended to provide indemnity payments where the continuation of a person's work represents a physical danger to them, to their unborn child or to the child they are breast-feeding, an interruption of earnings occurs on the insured person's last day of work before the beginning of the less remunerative work.

14.01 #

An interruption of earnings of a self-employed person referred to in paragraph 152.07(1)(c) of the Act occurs at the beginning of the week in which the person declares having reduced the time devoted to their business activities by more than 40% of the normal level because the person ceases to work by reason of illness, injury or quarantine, pregnancy, the need to care for a child or children referred to in subsection 152.05(1) of the Act or the need to provide care or support to a family member referred to in subsection 152.06(1) of the Act, to a critically ill child or to a critically ill adult.^note

Undeclared Earnings Referred to in Subsection 19(3) of the Act

14.1 #

For the purpose of allocating any earnings that a claimant has failed to declare to a period referred to in paragraph 15(4)(a), (b) or (c), as that paragraph read immediately before August 12, 2001, where the period began before that date and was to have ended, in accordance with that paragraph, on or after that date, the period ends on August 12, 2001.^note

15 #

[Repealed, SOR/2001-291, s. 2] (repealed)

Deductions for Earnings or Allowances While on a Course or Program of Instruction or Training

16 #

(1)Subject to subsection (2), an amount equal to the total amount of any allowances payable to a claimant for attending a course or program of instruction or training, other than a course or program to which the Commission or an authority designated by the Commission has referred the claimant, shall be deducted from the benefits payable to the claimant in respect of any week of unemployment

(a)during which the claimant is attending the course or program; and

(b)for which the allowances are payable.

(2)The allowances referred to in subsection (1) do not include

(a)any amounts paid to the claimant for dependant care, travel, commuting, living away from home or disability; or

(b)in the case of work-sharing benefits, any amounts paid to the claimant using financial assistance provided under section 61 of the Act for the purpose of implementing employment support measures in respect of claimants who are entitled to work-sharing benefits.

(3)The total amount of the earnings and allowances paid under Part II of the Act shall be deducted from the benefits payable to a claimant in respect of those weeks where the claimant

(a)does not meet the qualifying conditions of section 7 or 7.1 of the Act or of any regulations made under Part VIII of the Act, or is disentitled or disqualified within the meaning of subsection 6(1) of the Act;

(b)is paid earnings or allowances under Part II of the Act for certain weeks for attending a course or program of instruction or training or is paid earnings from employment for certain weeks of employment under an employment support measure referred to in paragraph 59(b) of the Act that is established to provide insured participants with employment opportunities through which they can gain work experience to improve their long-term employment prospects; and

(c)subsequently becomes entitled to regular benefits in respect of the same weeks as those for which the amounts under paragraph (b) were paid.

Rates of Unemployment

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(1)The regional rate of unemployment that applies to a claimant is

(a)in the case of regions described in sections 2 to 11 of Schedule I, the average of the seasonally adjusted monthly rates of unemployment for the last three-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act or, if Statistics Canada does not publish the relevant rate for a region for reasons of confidentiality, the average that Statistics Canada has determined based on the minimum number of unemployed persons required to allow it to publish the rate; and

(b)in the case of regions described in sections 12 to 14 of Schedule I, the greater of the average that would arise under subparagraph (i) and the average that would arise under subparagraph (ii):

(i)the average of the seasonally adjusted monthly rates of unemployment for the last three-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act or, if Statistics Canada does not publish the relevant rate for a region for reasons of confidentiality, the average that Statistics Canada has determined based on the minimum number of unemployed persons required to allow it to publish the rate, and

(ii)the average of the seasonally adjusted monthly rates of unemployment for the last 12-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act or, if Statistics Canada does not publish the relevant rate for a region for reasons of confidentiality, the average that Statistics Canada has determined based on the minimum number of unemployed persons required to allow it to publish the rate.

(1.1)The regional rate of unemployment referred to in subsection (1) is

(a)for the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, the rate produced for the region in which the claimant was, during the week referred to in subsection 10(1) of the Act, ordinarily resident; and

(b)for the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, if the claimant was, during the week referred to in subsection 10(1) of the Act, ordinarily resident outside Canada, the rate produced for the region in which the claimant was last employed in insurable employment in Canada.

(2)If a claimant referred to in paragraph (1.1)(a) ordinarily resides so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

(3)If a claimant referred to in paragraph (1.1)(b) was last employed in insurable employment in Canada so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

(4)The seasonally adjusted monthly rate of unemployment referred to in subsection (1) shall be obtained by using the regional rates of unemployment produced by Statistics Canada that incorporate an estimate of the rates of unemployment for status Indians living on Indian reserves.

17.1 #

(1)The definitions in this subsection apply in this section.

Gaspésie — Îles-de-la-Madeleine means the region described in subsection 3(1) of Schedule I. (région de Gaspésie — Îles-de-la-Madeleine)

Lower St. Lawrence and North Shore means the region described in subsection 3(11) of Schedule I. (région du Bas Saint-Laurent — Côte Nord)

Madawaska — Charlotte means the region described in subsection 5(2) of Schedule I. (région de Madawaska — Charlotte)

Restigouche — Albert means the region described in subsection 5(3) of Schedule I. (région de Restigouche — Albert)

(2)For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

(a)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

(b)the average of

(i)the regional rate of unemployment for Restigouche — Albert, as determined in accordance with subsection 17(1), and

(ii)the average of the regional rates of unemployment for Restigouche — Albert and Madawaska — Charlotte, as determined in accordance with subsection 17(1).

(3)For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

(a)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

(b)the average of

(i)the regional rate of unemployment for Restigouche — Albert, as determined in accordance with subsection 17(1), and

(ii)the average of the regional rates of unemployment for Restigouche — Albert and Madawaska — Charlotte, as determined in accordance with subsection 17(1).

(4)For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

(a)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

(b)the average of the regional rates of unemployment for Madawaska — Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).

(5)For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

(a)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

(b)the average of the regional rates of unemployment for Madawaska — Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).

(6)For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is

(a)in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of